Features
John S. Artz, Franklin M. Smith
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Brandon L. Debus
<b><i>Rotten for Apple</b></i><p>On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
Features
Brendan Mee
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Nathan Renov
On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.
Columns & Departments
Jeff Ginsberg
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Hui Li
Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date
Features
Jan Wolfe
In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.
Features
Tony Mauro
The U.S. Supreme Court unanimously ruled in favor of Samsung Electronics on Dec. 6 in its titanic patent dispute with Apple Inc. over design features copied from Apple iPhones.
Features
Richard Raysman
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Peter Brown
This article discusses disputes involving the use of copyrighted works or intellectual property underlying that work, under a license, or in one case, under an implied license. The parties thereto are not nearly as well-known, but the legal conclusions reached may have farther reaching implications.
Features
Joshua D. Curry
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Kate E. Hart
The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
Features
Donald Heckenberg
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.
Features
Nam Kim
As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.
Features
Ricci Dipshan
Though cybertheft of intellectual property is predicted to dramatically increase over the next 12 months, a significant portion of companies has yet to fully secure their IP assets, according to a survey released by Deloitte Cyber Risk Services.
